Assault and Battery

Successfully defended A.P.B. for a DWI within 1000’ School Zone, unlicensed and reckless driving allegations within a municipal court in Union County. After extensive negotiations, Mr. Kessous was able to persuade the State and the Court that the purported reading of .28 BAC, well over 3x the legal limit, was questionable as A.P.B.’s knowing waiver of his statutory right to have an independent blood test was effectively denied as a result of a language barrier.

Successfully defended E.L. in Somerset County for allegations of a 1st degree crime of Aggravated Sexual Assault against a six (6) year old girl. The Defendant was acquitted after a three (3) week trial. During the aggressive cross-examination of State witnesses, Mr. Kessous utilized critical material garnered during extensive motion practice where anticipated trial witnesses were compelled to testify by the Defense well prior to the trial. Extensive motion practice included but was not limited to a Motion to Dismiss the charges for Prosecutorial Misconduct as a result of Mr. Kessous advocating that the State had withheld relevant information until immediately prior to Trial.

Successfully defended J.A. from Child Endangerment charges within Somerset County. As a 2nd Degree Crime, J.A. was facing five (5) to ten (10) years New Jersey State Prison for operating a motor vehicle while intoxicated with a BAC of 2x the legal limit with children passengers within in the vehicle. As J.A. was not a U.S. citizen, he also faced serious immigration consequences from such a conviction. He was also facing mandatory jail time as this offense also would have constituted his 7th Driving While Suspended offense. After extensive negotiations with the Prosecutor’s Office Mr. Kessous successfully persuaded the Court and the State to allow him into the Pre-Trial Intervention (PTI) program absent any foundational conviction ordinarily required for a 2nd degree charge as well as an amendment of the Driving While Suspended charge to a charge that allowed for community service as opposed to jail. This gave J.A. a full and fair opportunity to seek a medical remedy to his alcohol issues while simultaneously avoided a criminal conviction that would have been devastating for his family.

Successfully represented A.H. in a Municipal Court in Mercer County. A.H. was charged with Speeding 108 mph a 65 mph zone as well as careless driving. The speeding ticket carried with it five (5) points as well as a possible suspension of driving privileges for up to six (6) months while the careless driving ticket carried two (2) points. Mr. Kessous was able to persuade the State and the Court to dismiss the careless driving ticket and amend the speeding ticket to 80 mph on a 50 mph zone, merely a four (4) point violation, without any suspension of the Defendant’s driving privileges despite the high speed.

Successfully represented E.C. in a Municipal Court in Middlesex County for a charge of Driving While Suspended and improper backing. With the assistance of Mr. Kessous, E.C. was convicted of a mere document violation of failure to produce a valid license at the time of the stop, thus saving E.C. thousands of dollars in fines, surcharges and increased insurance premiums.